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Apple Sued Again: This Time It Apple Sued Again: This Time It's Creative
By Walaika K. Haskins
May 16, 2006 4:38PM

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"The thing is, Apple's success means that everyone is coming out of the woodwork," said Mukul Krishna, an analyst at Frost & Sullivan.
 



For most companies, success breeds imitators. But for Apple, success also seems to breed one lawsuit after another. On Monday, Creative Technologies, maker of the Zen media player, joined the list of companies that have sued Apple for patent infringement.

In this case, the technology in question is the interface used to find music on the iPod. Creative has asked a federal judge to issue an injunction blocking the sale of iPods and iPod Nanos in the U.S.

In addition to filing the lawsuit in California, Creative lodged a complaint with the U.S. International Trade Commission requesting a formal investigation into the alleged patent infringement.

Issue Is the Interface

Singapore-based Creative's claims rest on a patent, applied for in 2001, that covers navigational menu technology used for locating and playing music on its Zen and Nomad music players. Creative's menu system Relevant Products/Services is similar to the one used on the iPod. The U.S. Patent Office approved Creative's patent in August 2005.

Creative claimed in the lawsuit that its interface technology was developed in California and used on the Nomad Jukebox player demonstrated at the Consumer Electronics Show held in Las Vegas in January 2000.

Apple announced the iPod a little more than year after Creative began shipping the Nomad. The patent office rejected Apple's own patent application in August 2005, the same month Creative's was approved.

Creative reportedly has been threatening to sue Apple ever since.

Following Suit

The Creative suit follows in the footsteps of several other recent lawsuits filed against Apple.

A London High Court recently ruled in Apple's favor in a suit filed by Apple Corps, the Beatles' recording label. In that suit, Apple Corps claimed that the Apple Computer logo used in connection with iTunes infringed on Apple Corps' trademark.

In addition, Burst.com filed a patent suit in April claiming that iTunes software, iPod music players, and QuickTime technology infringed on its patents.

Measuring the Effect

All these lawsuits, said Zippy Aima, an analyst at Frost & Sullivan, are being filed by companies that either think of the suits as a means of making money or as a way to bask in some of the limelight Apple is enjoying.

"This is just another case where either Apple will come out clean or, if something is proved at all, it will be settled out of court," Aima said.

"The thing is, Apple's success means that everyone is coming out of the woodwork," said Mukul Krishna, also an analyst at Frost & Sullivan.

Both Krishna and Aima doubt that the court will issue an order to block sales of the iPod.

"It is evident from all previous cases -- be it a lawsuit filed by Burst.com or Apple Corps -- that consumers of digital music who want to buy portable devices like the iPod have continued to do so, and the sales of the iPod and [music on] iTunes have not been affected," said Aima.
 

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